Fisch v. Randall Mill Corp.

Fletcher, Justice.

This appeal concerns whether the phrase “worked” or “attempted to work the mineral rights” in the state mineral lapse statute is unconstitutionally vague under the Georgia or Federal Constitutions. We hold that the statute is not vague and affirm the trial court’s order that Randall Mill Corporation has gained absolute title to the disputed mineral rights.

Randall Mill purchased property in North Fulton County in 1989 and filed a petition for declaratory judgment under OCGA § 44-5-168. The petition alleged that no one worked or attempted to work the mineral rights in the…